Alabama Midland Railway Co. v. McGill
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before Hon. J. M. Carmichael. James C. McGill sued the Midland Company to recover damages, alleged by him to have been caused by the negligence of the company in running its train. Plea was the general issue. The evidence sufficiently appears in the opinion. There was verdict and judgment for the plaintiff.
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Appeal from the Circuit Court of Dale. Tried before Hon. J. M. Carmichael. James C. McGill sued the Midland Company to recover damages, alleged by him to have been caused by the negligence of the company in running its train. Plea was the general issue. The evidence sufficiently appears in the opinion. There was verdict and judgment for the plaintiff. The defendant appealed and assigned as error the refusal of the general charge to the defendant. cited, Central Railroad & Banking Company v. Ingram, 95 Ala. 152. cited, South & Worth Alabama Railroad Co. v. Bees, 82 Ala. 340; Birmingham Mineral…
1Opinion of the CourtHaralson, J.
— Action against a railroad company for negligence in killing stock.
1. The principle is too Avell established to be longer questioned in this court, that it is negligence in a railroad company to run its trains in the night time at such a rate of speed that it is impossible, by the use of ordinary means and appliances, to stop the train within the distance in which the stock upon the track can be seen by the aid of the head-light on the engine and prevent injuring them, and if injury results from such negligence, the railroad company is liable to the owner there*232of.—Louisville & Nashville R.…
2Cases cited3 opinions
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Central Railroad & Banking Co. of Georgia v. IngramSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. KeltonSupreme Court of Alabama · 1895
3Cited by8 opinions
- Young v. Woodward Iron Co.Supreme Court of Alabama · 1927
- St. Louis & San Francisco Railroad v. MooreMississippi Supreme Court · 1911
- Southern Railway Co. v. HogeSupreme Court of Alabama · 1904
- Western Ry. of Ala. v. MitchellSupreme Court of Alabama · 1906
- Louisville & Nashville R. R. v. FoxAlabama Court of Appeals · 1914
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